Compliance Obligations For Engaging Women In Night Shifts In Commercial Establishments

By allowing establishments, particularly in the IT, ITeS, and service sectors, to operate 24x7 while mandating safeguards for women’s safety and dignity, state governments have sought to balance operational flexibility with women’s welfare

India’s labour regulatory framework distinguishes between manufacturing and non-manufacturing entities. While the Factories Act, 1948 governs labour conditions in manufacturing entities, non-manufacturing workplaces such as offices, shops, and service sector establishments are regulated through state-specific Shops and Establishments Acts (“Shops Act”). IT, ITES, and BPOs, being non-manufacturing entities, are regulated under the respective State-specific Shops Act.

Among other things, these laws traditionally imposed restrictions on the working hours of women, particularly prohibiting employment during late evenings and night shifts, based on concerns related to safety and welfare.

While so, IT, ITeS, and BPOs increasingly require round-the-clock operations, making it essential to enable women to work at night, not only to meet international business demands but also to ensure equal opportunity and participation in the workforce.

In response, several state governments have introduced targeted relaxations under their respective Shops Acts. These relaxations typically permit the employment of women during night shifts, provided employers implement stringent safety, transportation, and consent-related measures. In many cases, these provisions have been introduced as part of broader exemptions that allow certain establishments, particularly in the IT/ITES and service sectors, to operate on a 24x7 basis, reflecting a more flexible and business-friendly regulatory approach.

Now, let us examine some of the state specific relaxations:

A) Tamil Nadu:

Vide notification dated 8 May 2025, the Tamil Nadu government extended its permission for all shops and establishments employing 10 or more persons to operate round-the-clock on all days of the year. This move is effective for a three-year period from 5 June 2025. The permission is conditional on key safeguards such as rotational weekly offs, wage credit to bank accounts, and strict limits on working and overtime hours, not exceeding 10.5 hours a day or 57 hours a week. Importantly, while women employees may work between 8:00 pm and 6:00 am, this is allowed only with written consent and mandatory provisions for safe transport, workplace dignity, and internal complaints mechanisms as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”). Employers must also provide basic infrastructure amenities such as restrooms and safety lockers.

B) Haryana:

On 8 May 2025, the Haryana government issued a notification, consolidating and updating a 2023 notification outlining the conditions under which women can be employed during night shifts (8:00 pm to 6:00 am) in select industries such as IT/ITES, banking, logistics, warehousing, three-star and above hotels, and 100% export-oriented units registered under the Punjab Shops and Commercial Establishments Act, 1958 (as applicable to Haryana).

The notification introduces significant procedural simplifications, notably allowing pooled transport and ambulance services, and enabling women to opt out of employer-arranged transport with written consent. Employers are still required to meet key conditions such as obtaining written consent from each woman employee, ensuring safe transport, proper lighting, CCTV/GPS-enabled vehicles, medical support, and compliance with the POSH Act, alongside other labour laws. The government through the May 2025 notification has also relaxed previous mandates like compulsory grievance redressal meetings and the one-third female workforce requirement in logistics sectors.

C) Andhra Pradesh:

Vide notification dated 25 March 2025, the Andhra Pradesh state government has renewed its longstanding exemption, originally introduced in the state of united Andhra Pradesh in 2002, for all IT and ITeS establishments from several key provisions of the Andhra Pradesh Shops and Establishments Act, 1988 for a period of five years, till March 2030. This exemption removes statutory constraints relating to opening and closing hours, limits on daily and weekly work time, restrictions on women’s and young persons’ working hours, holiday entitlements, and even certain termination procedures, allowing these establishments significant operational flexibility. However, the exemption is not unconditional and is subject to safeguards such as limiting the workweek to 48 hours, providing compensatory holidays, ensuring security and transportation for women working night shifts, and maintaining digital records and online compliance.

D) Telangana:

On 7 June 2024, the government extended for four years the exemption from several provisions of the Telangana Shops and Establishments Act, 1988, which had been in place until 30 May 2024. The original exemption notification was issued in 2002 in the united Andhra Pradesh and is renewed from time to time. The exemptions include relaxed norms on opening and closing hours, working hours, night shifts for women and young persons, and working on holidays. The exemption can be availed provided establishments ensure overtime pay, weekly offs, compensatory holidays, and robust safety protocols for night shifts, particularly for women. These include driver screening, route and schedule planning, supervisory checks, confidentiality of women’s personal data, and establishment of a control room for real-time monitoring of transport. Employers are required to ensure careful selection of cab routes in such a way that no woman employee is picked up first and dropped last.

E) Uttar Pradesh:

In a notification dated 26 September 2024, the state government exempted IT and ITES establishments from specific provisions of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 dealing with working hours, overtime, and daily work spread over for a period of two years. To avail these exemptions, employers must ensure capping the total working time (including rest intervals) to 12 hours per day, mandating a 30-minute break after five continuous work hours, and limiting overtime to 125 hours per quarter, payable at twice the normal wage rate. Additionally, weekly offs and compensatory holidays for work on public holidays are compulsory. The exemption notification also mandates adequate security and transportation arrangements for female employees.

F) Karnataka

The Karnataka government in the year enacted the Karnataka Shops and Commercial Establishments (Amendment) Act, 2020 permitting nighttime working by women. Pursuant to the amendment, women can be employed by commercial establishments in the night shift subject to consent of the women obtained in writing; provision of transport facilities from the residence of the woman employee to the workplace and back free of cost and with adequate security with GPS for vehicle tracking and monitoring; and employment of women employees shall be on rotation basis. The establishment is required to obtain biodata of each driver and conduct pre-employment screening of the antecedents of all drivers employed on their own. As regards the driver employed through outsourcing, employers are required to ensure to its satisfaction that the collection of biodata and conduct pre-employment screening of the antecedents of the drivers is carried out by the service provider.

Further, vide notification dated September 27, 2024, permitted shops and commercial establishments with 10 or more employees to operate 24×7 for three years, subject to key conditions ensuring employee welfare. These include mandatory weekly holidays on a rotational basis with additional staffing, transparent display of employee leave details, women’s safety measures with consent and transport provisions, provision of basic amenities, and formation of an internal committee against workplace sexual harassment in accordance with the POSH Act 2013.

G) Madhya Pradesh:

On August 1, 2022, the Government of Madhya Pradesh issued a notification regulating the night time working hours and safety conditions of women under the Madhya Pradesh Shops and Establishments Act, 1958. It mandates employers to prevent and prosecute sexual harassment, establish a complaint mechanism headed by women, and ensure safe, hygienic working environments free from hostility. The notification requires proper lighting, sufficient female staffing during night shifts (at least two-thirds of workers and one-third of supervisors must be women), adequate security, separate facilities (canteen, transportation, boarding), and medical provisions for female employees working at night. Employers must allow at least 12 consecutive hours of rest when shifting women between day and night duties and provide a paid additional holiday during menstruation for night workers. Regular grievance meetings and monthly reporting to labour authorities are also mandated.

H) Maharashtra

Rule 13 of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018, sets forth comprehensive conditions for the employment of women workers, including during night shifts. Employers must enforce the POSH Act, 2013, provide proper lighting and safe facilities such as separate toilets with internal locks, maintain complaint boxes and display emergency helpline contacts, and engage sufficient women security guards with police verification. Women may work night shifts (9:30 p.m. to 7:00 a.m.) only with written consent, with at least three women present per shift. Safe, secure, and police-verified transportation must be arranged for night workers. Women working night shifts are entitled to an additional paid holiday every two months and must have at least 12 consecutive hours of rest when shifting between day and night duties. Employment of pregnant women in night shifts is restricted with medical exceptions. Employers are required to annually certify compliance with these provisions to the relevant authority, emphasizing women’s safety, dignity, and welfare.

I) Kerala

In 2018, the Government of Kerala amended the Kerala Shops and Commercial Establishments Act, 1960 to permit the employment of women between 9:00 PM and 6:00 AM, subject to specific safeguards. Employers must obtain the written consent of the women employees and ensure that no female worker is scheduled during these hours unless she is part of a group of at least five employees, including a minimum of two women. Employers are also required to provide adequate protection of the women’s dignity, honour, and safety, including safeguards against sexual harassment and mandatory transportation facilities from the workplace to the doorstep of the employee’s residence.

Conclusion:

By allowing establishments, particularly in the IT, ITeS, and service sectors, to operate 24x7 while mandating safeguards for women’s safety and dignity, state governments have sought to balance operational flexibility with women’s welfare. As India continues to position itself as a global hub for services, such forward-looking labour policies are vital for sustaining investor confidence, promoting employment, and ensuring that women are equally empowered to contribute to and benefit from the country’s economic development.

Disclaimer – The views expressed in this article are the personal views of the authors and are purely informative in nature.